864 ELECTIONS. [ART. 33

county or legislative district before such removal out of the State, his
occupation before such removal and since the time when he so removed,
and when he returned, and all other pertinent facts and circumstances
touching the right of such person to be registered, and they may
require the truth of the answers of all persons to such questions to be
corroborated by independent evidence, if, in their discretion they shall
think proper, and if in answer to their questions or upon testimony
produced before them, it shall appear to their satisfaction that the per-
son applying to be registered had left the State without any intention
of returning, or with the intention of returning at some indefinite time
in the future, he shall not be entitled to be registered as a legal voter;
provided, however, that this section shall not apply to United States
senators and representatives in congress from Maryland, nor to any
judge or justice of any court of the United States in case such judge
or justice was at the time of his appointment to such office, or there-
after became, a registered voter of the State of Maryland, during such
period as said judge or justice shall continue in the service of the
United States. Any officer of registration who shall fail or refuse to
perform the duty imposed upon him by this section shall be subject to
the penalties imposed by section 96 of this article.

Section 14, ch. 573 of the acts of 1890 (providing for an affidavit in case
of change of residence), was constitutional and it applied to a person who
left the state prior to its adoption, and also to federal employees. Souther-
land v. Norris, 74 Md. 326.

The portion of the act of 1890, ch. 573, section 14, relative to the presump-
tion of an intention to abandon residence in this state unless the affidavit is
made, applied. The presumption is conclusive. Bowling v. Turner, 78 Md.
599; Sterling v. Horner, 74 Md. 573; Lancaster v. Herbert, 74 Md. 334;
Southerland v. Norris, 74 Md. 326.

Under the act of 1890, ch. 573, section 14, the affidavit, if made, is not
conclusive. To be entitled to register, the applicant must have returned to
the state within the prescribed period. Lancaster v. Herbert, 74 Md. 334.

The affidavit required by the act of 1890, ch. 573, section 14, held, under
the circumstances of the case, not to be a condition precedent to a right to
register. McLane v. Hobbs, 74 Md. 172.

Cited but not construed in Ticer v. Thomas, 74 Md. 343; Ritter v. Etchison,
86 Md. 208.

1904, art. 33, sec. 28. 1902, ch. 133, sec. 25B.

29. All persons who after the passage of the act of 1902, ch. 133,
shall remove into any county of this State or into the city of Balti-
more from any other State, district or territory shall indicate their
intent to become citizens and residents of this State by registering
their names in a suitable record book to be procured and kept for the
purpose by the clerk of the circuit court for the several counties, and
by the clerk of the superior court of Baltimore city; such record to
contain their names, residence, age and occupation; and the intent of
such persons to become citizens and residents of this State shall date
from the day on which such registry shall be so entered in such record
book by the clerk of the circuit court for the county, or of the superior
court of Baltimore city, as the case may be, into which county or city
such person shall so remove from any other State, district or territory.